Rosin v. Wilde

Appellate Court of Illinois

Rosin v. Wilde

80 Ill. App. 58, 1898 Ill. App. LEXIS 374

CourtAppellate Court of Illinois

DecidedJanuary 24, 1899

StatusPublished

Cited by6 cases

This text of 80 Ill. App. 58 (Rosin v. Wilde) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rosin v. Wilde, 80 Ill. App. 58, 1898 Ill. App. LEXIS 374 (Ill. Ct. App. 1899).

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Opinion

Hr. Justice Shepard

delivered the opinion of the court.

For lack of an assignment of errors, written upon or attached to the record, the judgment must be affirmed. Oakland Hotel Co. v. Driscoll, 67 Ill. App. 114, where reference to earlier cases may be found.

The assignment of errors upon the record is not a mere form that will be considered waived if not objected to, but one of substance; it is the pleading in this court of the appellant or plaintiff in error, and if this court were to inadvertently reverse a judgment in a case where no error had been assigned, the judgment of reversal would be set aside upon motion, as would be done in the trial court if a judgment for the plaintiff should there be entered without a declaration. Ditch v. Sennott, 116 Ill. 288; Williston v. Fisher, 28 Ill. 43.

It is not enough to say that in such cases the earlier practice to dismiss the appeal without costs should be followed, instead of affirming the judgment." The latest authority is to- affirm. Lancaster v. W. & S. Ry. Co., 132 Ill. 492; Oakland Hotel Co. v. Driscoll, supra. Affirmed.

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Hr. Justice Shepard

delivered the opinion of the court.

For lack of an assignment of errors, written upon or attached to the record, the judgment must be affirmed. Oakland Hotel Co. v. Driscoll, 67 Ill. App. 114, where reference to earlier cases may be found.

The assignment of errors upon the record is not a mere form that will be considered waived if not objected to, but one of substance; it is the pleading in this court of the appellant or plaintiff in error, and if this court were to inadvertently reverse a judgment in a case where no error had been assigned, the judgment of reversal would be set aside upon motion, as would be done in the trial court if a judgment for the plaintiff should there be entered without a declaration. Ditch v. Sennott, 116 Ill. 288; Williston v. Fisher, 28 Ill. 43.

It is not enough to say that in such cases the earlier practice to dismiss the appeal without costs should be followed, instead of affirming the judgment." The latest authority is to- affirm. Lancaster v. W. & S. Ry. Co., 132 Ill. 492; Oakland Hotel Co. v. Driscoll, supra. Affirmed.

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80 Ill. App. 58, 1898 Ill. App. LEXIS 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosin-v-wilde-illappct-1899.

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